THE WORKMEN’S COMPENSATION RULES, 1924

[Pages:62]The Workmen's Compensation Rules, 1924

Rules

1. 2.

3. 4. 5.

6. 7. 8. 9. 10.

11. 12.

13.

14.

15. 16. 17.

INDEX

THE WORKMEN'S COMPENSATION RULES, 1924

Particulars

Page

PRELIMINARY

Short title

1062

Definitions

1062

PART I:

REVIEW OF HALF-MONTHLY PAYMENTS

AND COMMUTATION THEREOF

When application may be made without medical certificate 1062

Procedure on application for review

1063

Procedure on application for commutation

1063

PART II : DEPOSIT OF COMPENSATION

Deposit under section 8(1)

1063

Publication of list of deposits

1064

Application by dependants for deposit of compensation

1064

Deposit under section 8(2)

1065

Investment of money

1065

PART III: REPORTS OF ACCIDENTS

Reports of fatal accidents

1065

Right of employer to present memorandum when information 1065 received

PART IV : MEDICAL EXAMINATION

Workman not to be required to submit to medical examination save in accordance with rules

1065

Examination when workman and medical practitioner both on 1065 premises

Examination in other cases

1066

Restriction on number of examinations

1066

Examination after suspension of right to compensation

1066

The Workmen's Compensation Rules, 1924

18.

Examination of women

1066

PART V : PROCEDURE

19.

Introductory

1067

20.

Application

1067

21.

Production of documents

1067

22.

Application presented to wrong Commissioner

1068

23.

Examination of applicant

1068

24.

Summary dismissal of application

1068

25.

Preliminary inquiry into application

1069

26.

Notice to opposite party

1069

27.

Appearance and examination of opposite party

1069

28.

Framing of issues

1069

29.

Power to postpone trial of issues of fact where issues of law 1069

arise

30.

Diary

1069

31.

Reasons for postponement to be recorded

1070

32.

Judgment

1070

33.

Summoning of witnesses

1070

34.

Exemption from payment of costs

1070

35.

Right of entry for local inspection

1070

36.

Procedure in connection with local inspection

1070

37.

Power of summary examination

1071

38.

Agreement to abide by Commissioner's decision

1072

39.

Procedure where indemnity claimed under section 12(2)

1072

40.

Procedure in connected cases

1073

41.

Certain provisions of Code of Civil Procedure, 1908, to apply 1073

42.

Provision regarding signature of forms

1074

43.

Apportionment of compensation among dependants

1074

The Workmen's Compensation Rules, 1924

PART VI : TRANSFER

44.

Transfer for report

1074

45.

Transmission of money

1074

PART VII :

APPOINTMENT OF REPRESENTATIVES

46.

When representatives must be appointed

1075

47.

When new representative to be appointed

1075

PART VIII : RECORD OF MEMORANDA OF AGREEMENT

48.

Form of memorandum

1075

49.

Procedure where Commissioner does not consider that he 1075

should refuse to record memorandum

50.

Procedure where Commissioner considers, he should refuse 1076

to record memorandum

51.

Procedure on refusal to record memorandum

1076

52.

Registration of memorandum accepted for record

1077

53.

Repeal

1077

54.

Display of abstract

1077

FORM A Deposit of Compensation for Fatal Accident

1078

FORM Deposit of Compensation for Non-Fatal Accident to a Woman 1079

AA

or Person under Legal Disability

FORM B Receipt for Compensation

1080

FORM C Statement of Disbursements

1080

FORM D Deposit of Compensation for Non-Fatal Accidents, other than 1081 to a Woman or Person under Legal Disability

FORM E Receipt for Compensation

1081

FORM Report of Fatal Accidents EE

1082

FORM F Application for Compensation by Workman

1083

FORM G Application for order to Deposit Compensation

1084

The Workmen's Compensation Rules, 1924

FORM H Application for Commutation

1085

FORM K Memorandum of Agreement

1086

FORM L Memorandum of Agreement

1087

FORM M Memorandum of Agreement

1088

FORM N Notice to employer other than principal employer

1089

FORM O Notice of refusal of Registration of agreement

1089

FORM P Show cause Notice for Registration of agreement

1089

FORM Q Show cause Notice for Registration of agreement to both the 1090 parties

FORM R Register of Agreements

1090

16 (3) THE WORKMEN'S COMPENSATION (TRANSFER OF MONEY) RULES, 1935

PART I : GENERAL

1091

1-4

PART II : TRANSFER OF MONEY PAID TO A COMMISSIONER FOR THE BENEFIT OF ANY PERSON RESIDING OR ABOUT TO RESIDE IN ANOTHER COUNTRY

5-9

1092

PART III: RECEIPT AND ADMINISTRATION IN INDIA OF ANY MONEY AWARDED UNDER THE LAW RELATING TO WORKMEN'S ENSATION IN ANOTHER COUNTRY

10

1093

11-14

16(4) THE WORKMEN'S COMPENSATION (VENUE OF 1094 PROCEEDINGS) RULES, 1996

1.

Short title

2.

Definitions

3.

Processing of an application

The Workmen's Compensation Rules, 1924

4.

Transfer of records or money

FORM A Notice before processing of an application for compensation; Ref. rule 3)

FORM B (Detailed report including transfer of records or money; Ref. rule 4)

The Workmen's Compensation Rules, 1924

THE WORKMEN'S COMPENSATION RULES, 19241

As Amended by Haryana Govt. Notification dated 5th June, 1995 In exercise of the powers conferred by section 32 of the Workmen's Compensation Act, 1923 (8 of 1923), the Governor-General in Council is pleased to make the following rules:--

PRELIMINARY 1. Short title.--These rules may be called the Workmen's Compensation

Rules, 1924. 2. Definitions.--In these rules unless there is anything repugnant in the subject

or context,-- (a) the `Act' means the Workmen's Compensation Act, 1923; (b) `Form' means a form appended to these rules; (c) `section' means a section of the Act.

PART I REVIEW OF HALF-MONTHLY PAYMENTS AND COMMUTATION THEREOF 3. When application may be made without medical certificate.--Application

for review of a half-monthly payment under section 6 may be made without being accompanied by a medical certificate.-- (a) by the employer on the ground that since the right to compensation was

determined the workmen's wages have increased; (b) by the workman, on the ground that since the fight to compensation was

determined his wages have diminished; (c) by the workman, on the ground that the employer, having commenced to

pay compensation, has ceased to pay the same, notwithstanding the fact that there has been no change in the workmen's condition such as to warrant such cessation; (d) either by the employer or by the workman, on the ground that the determination of the rate of compensation for the time being in force was obtained by fraud or undue influence or other improper means; (e) either by the employer or by the workman on the ground that in the determination of compensation there is a mistake or error apparent on the face of the record.

1 Vide Government of India, Department of Industries and Labour, Notification No. L-1182, dated 26th June, 1924.

The Workmen's Compensation Rules, 1924 1[4. Procedure on application for review.--If, on examining an application for

review by an employer in which the reduction or discontinuance of halfmonthly payments is sought, it appears to the Commissioner that there is reasonable ground for believing that the employer has a right to such reduction or discontinuance, he may after giving an opportunity to the workman to be heard, issue an order withholding the half-monthly payments in whole or in part pending his decision on the application.] 5. Procedure on application for commutation.-- (1) Where application is made to the Commissioner under section 7 for the redemption of a right to receive half-monthly payments by the payment of a lump sum, the Commissioner shall form an estimate of the probable duration of the disablement, and shall award a sum equivalent to the total of the halfmonthly payments which would be payable for the period during which he estimates that the disablement will continue, less one-half per cent of that total for each month comprised in that period: Provided that fractions of a rupee included in the sum so computed shall be 2[ignored]. (2) When, in any case to which sub-rule (1) applies, the Commissioner is unable to form an approximate estimate of the probable duration of the disablement, he may from time to time postpone a decision on the application for a period not exceeding two months at any one time.

PART II DEPOSIT OF COMPENSATION 6. Deposit under section 8 (1).-- (1) An employer depositing compensation with the Commissioner under subsection (1) of section 8, in respect of a workman whose injury has resulted in death shall furnish therewith a statement in Form A, and shall be given a receipt in Form B. In other cases of deposits with the Commissioner under sub-section (1) of section 8, the employer shall furnish a statement in Form AA, and shall be given a receipt in Form B. (2) If, when depositing compensation in respect of fatal accidents, the employer indicates in the statement referred to in sub-rule (1) that he desires to be made a party to the distribution proceedings, the

1 Subs. vide Hr. Govt. Noti. No. 11/97/94-4-Lab, dated 5th June, 1995. 2 Subs. vide Hr. Govt. noti. No. 11/97/94-4 Lab, dated 5th June, 1995

The Workmen's Compensation Rules, 1924

Commissioner shall before allotting the sum deposited as compensation, afford to the employer an opportunity of establishing that the person to whom he proposes to allot such sum is not a dependant of the deceased workman or, as the case may be, `that no one of such persons is a dependant'. (3) The statement of disbursements to be furnished on application by the employer under sub-section (4) of section 8, shall be in Form C. 7. Publication of list of deposits.--The Commissioner shall cause to be; displayed, in a 1[conspicuous place] outside his office, an accurate list of the deposits received by him under sub-section (1) of section 8, together with the names and addresses of, the depositors and of the workman in respect of whose death or injury the deposits have been made. 8. Application by dependants for deposit of compensation.-- (1) A dependant of a deceased workman may apply to the Commissioner for the issue of an order to deposit compensation in respect of the death of the workman. Such application shall be made in Form G. (2) If compensation has not been deposited the Commissioner shall dispose of such application in accordance with the provisions of Part V of these rules: Provided that-- (a) the Commissioner may, at any time before issues are framed, cause notice to be given in such manner as he thinks fit to all or any of the dependants of the deceased workman who have not joined in the application, requiring them, if they desire to join therein, to appear before him on a date specified in this behalf; (b) any dependant to whom such notice has been given and who fails to appear and to join in the application on the date specified in the notice shall not be permitted thereafter to claim that the employer is liable to deposit compensation unless he satisfies the Commissioner that he was prevented by any sufficient cause from appearing when the case was called on for hearing. (3) If, after completing the enquiry into the application, the Commissioner issues an order requiring the employer to deposit compensation in accordance with sub-section (1) of section 8, nothing in sub-rule (2) shall be deemed to

1 Inst. vide Hr. Govt. noti. No. 11/97/94-4 Lab, dated 5th June, 1995

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